A slip and fall can occur almost anywhere; however, there are some common places and situations:
Business or Commercial Property
Accidents that occur on someone else’s property are also referred to as premises liability accidents. Premises can be dangerous for a multitude of reasons – spilled materials, clutter, poor construction, or lack of proper maintenance. The accidents may include slipping, tripping, falling, or having an object fall on an individual. In these types of claims, the injured party must show that the hazardous condition caused their injury, the property owner knew or should have known about the condition, and that the owner did not take any reasonable actions to clean, repair, or prevent the hazardous condition.
Government Property
If a person falls on government property and suffers an injury (or injuries), the government may be responsible – depending on your state’s personal injury laws. Some states have imposed limitations on personal injury lawsuits against the local, state, or federal government. If your state does allow for slip and fall personal injury suits against the government, then the injured party must prove that the government was negligent in the upkeep of the property. In other words, the injured party must show that 1) the government was responsible for maintaining the area in question, 2) the government knew or reasonably should have known about the hazardous condition that led to the accident, and 3) the government did not take the sensible steps to clean or repair the hazard.
Rental Property
If a person renting a home or vacation property slips and falls somewhere on the premises (either inside or outside), the landlord may be responsible for the accident. The injured party would have to show that the landlord caused the hazardous condition, or that the landlord knew about the unsafe condition and did not try to repair it.
Sidewalks
A slip and fall may occur on a sidewalk if the surface is slippery (covered with water, mud, soap, oil, or another wet substance), the sidewalk is cracked or damaged, or if the sidewalk is covered with snow or ice. If someone slips and falls on a sidewalk and is injured, the individual or group responsible for that injury depends on your state’s laws. In some cases, the homeowner might be responsible. In that circumstance, the person bringing the personal injury claim would have to prove that 1) the property owner knew or should have known that the sidewalk was in an unreasonably unsafe condition, and 2) the homeowner was negligent in cleaning or repairing that unsafe condition. In other circumstances, the local government is responsible for the upkeep of its sidewalks – in which case the injured party would file suit against the government body who knew of the hazardous conditions and failed to address it.
Stairs
Slips, trips, or falls on steps are, unfortunately, a common injury. Property owners are typically liable for mishaps on staircases, just like they’re responsible for other slip and fall accidents. However, unlike flat surfaces, stairs can present additional hazards. For the injured party to prove that the property owner is liable for the accident, the plaintiff must show that 1) the property owner caused the hazardous condition, 2) the owner knew or should have known about the hazard, and 3) the owner did not repair or remove the hazard. Additionally, the insurance company or the court will also consider whether the plaintiff contributed to their own injury. They will want to know if the plaintiff was acting carelessly at the time of their injury, or if they created the hazardous condition themselves by spilling or dropping something on the steps.
It is important to note that not every slip and fall accident will lead to a personal injury lawsuit. There must be an injury involved, and the accident has to be due to someone’s negligence (ex: failing to act in a reasonable manner).